후천성면역결핍증예방법위반
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (one year of suspended sentence in four months of imprisonment) is too unhued and unreasonable.
2. The fact that the defendant's act of judgment has high possibility of spreading the congenital immunodeficiency disorder and thus has a harmful effect on national health, and that the defendant does not recognize the defendant's wrong and does not reflect the truth, is disadvantageous to the defendant.
However, the act of the defendant caused the infection in fact.
In light of the following: (a) it is difficult to readily conclude that the Defendant has no record of criminal punishment other than once, (b) the Defendant did not appeal by respecting the judgment of the lower court; and (c) the motive and background leading up to the instant crime; (b) details of the relevant crime; (c) circumstances after the instant crime; (d) the Defendant’s age, sexual conduct, environment, etc.; and (e) the sentence of the lower court is too unreasonable as it goes beyond the reasonable scope of discretion.
The above argument is without merit.
3. According to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.